AB766,106,1413
(c) The commission's certification of the results of any election is conclusive
14unless reviewed under s. 111.07 (8).
AB766,106,21
15(3) Whenever an election has been conducted under sub. (2) in which the ballots
16for representatives have been counted but in which no named representative is
17favored by a majority of the employees voting, the commission may, if requested by
18a party to the proceeding within 30 days from the date of the certification of the
19results of the election, conduct a runoff election. In that runoff election, the
20commission shall drop from the ballot the name of the representative who received
21the least number of votes at the original election.
AB766,107,9
22(4) While a collective bargaining agreement between a labor organization and
23an employer is in force under this subchapter, a petition for an election in the
24collective bargaining unit to which the agreement applies may be filed only during
25October in the calendar year prior to the expiration of that agreement. An election
1held under that petition may be held only if the petition is supported by proof that
2at least 30 percent of the employees in the collective bargaining unit desire a change
3or discontinuance of existing representation. Within 60 days of the time that an
4original petition is filed, another petition may be filed supported by proof that at least
510 percent of the employees in the same collective bargaining unit desire a different
6representative. If a majority of the employees in the collective bargaining unit vote
7for a change or discontinuance of representation by any named representative, the
8decision takes effect upon expiration of any existing collective bargaining agreement
9between the employer and the existing representative.
AB766,107,11
10111.991 Unfair labor practices. (1) It is an unfair labor practice for an
11employer individually or in concert with others to do any of the following:
AB766,107,1312
(a) Interfere with, restrain, or coerce employees in the exercise of their rights
13guaranteed under s. 111.97.
AB766,108,214
(b) Except as otherwise provided in this paragraph, initiate, create, dominate,
15or interfere with the formation or administration of any labor or employee
16organization or contribute financial support to it. Except as provided in ss. 40.02 (22)
17(e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin Retirement
18System under ch. 40 and no action by the employer that is authorized by such a law
19is a violation of this paragraph unless an applicable collective bargaining agreement
20specifically prohibits the change or action. No such change or action affects the
21continuing duty to bargain collectively regarding the Wisconsin Retirement System
22under ch. 40 to the extent required by s. 111.998. It is not an unfair labor practice
23for the employer to reimburse an employee at his or her prevailing wage rate for the
24time spent during the employee's regularly scheduled hours conferring with the
1employer's officers or agents and for attendance at commission or court hearings
2necessary for the administration of this subchapter.
AB766,108,63
(c) Encourage or discourage membership in any labor organization by
4discrimination in regard to hiring, tenure, or other terms or conditions of
5employment. This paragraph does not apply to fair-share or maintenance of
6membership agreements.
AB766,108,167
(d) Refuse to bargain collectively on matters set forth in s. 111.998 with a
8representative of a majority of its employees in an appropriate collective bargaining
9unit. Whenever the employer has a good faith doubt as to whether a labor
10organization claiming the support of a majority of its employees in an appropriate
11collective bargaining unit does in fact have that support, it may file with the
12commission a petition requesting an election as to that claim. The employer is not
13considered to have refused to bargain until an election has been held and the results
14of the election are certified to the employer by the commission. A violation of this
15paragraph includes the refusal to execute a collective bargaining agreement
16previously orally agreed upon.
AB766,108,2117
(e) Violate any collective bargaining agreement previously agreed upon by the
18parties with respect to wages, hours, and conditions of employment affecting the
19employees, including an agreement to arbitrate or to accept the terms of an
20arbitration award, when previously the parties have agreed to accept such award as
21final and binding upon them.
AB766,109,422
(f) Deduct labor organization dues from an employee's earnings, unless the
23employer has been presented with an individual order therefor, signed by the
24employee personally, and terminable by at least the end of any year of its life or
25earlier by the employee giving at least 30 but not more than 120 days' written notice
1of such termination to the employer and to the representative labor organization,
2except if there is a fair-share or maintenance of membership agreement in effect.
3The employer shall give notice to the labor organization of receipt of such notice of
4termination.
AB766,109,85
(g) Use any moneys received for any purpose to discourage; to train any
6supervisor, management employee, or other employee to discourage; or to contract
7with any person for the purposes of discouraging employees in the exercise of their
8rights guaranteed under s. 111.97.
AB766,109,15
9(1m) Notwithstanding sub. (1), it is not an unfair labor practice for the board
10to implement changes in salaries or conditions of employment for members of the
11faculty or academic staff at one institution, and not for other members of the faculty
12or academic staff at another institution, but this may be done only if the differential
13treatment is based on comparisons with the compensation and working conditions
14of employees performing similar services for comparable higher education
15institutions or based upon other competitive factors.
AB766,109,17
16(2) It is unfair practice for an employee individually or in concert with others
17to do any of the following:
AB766,109,1918
(a) Coerce or intimidate an employee in the enjoyment of the employee's legal
19rights, including those guaranteed under s. 111.97.
AB766,109,2420
(b) Coerce, intimidate, or induce any officer or agent of the employer to interfere
21with any of the employer's employees in the enjoyment of their legal rights including
22those guaranteed under s. 111.97 or engage in any practice with regard to its
23employees which would constitute an unfair labor practice if undertaken by the
24officer or agent on the officer's or agent's own initiative.
AB766,110,5
1(c) Refuse to bargain collectively on matters specified in s. 111.998 with the
2authorized officer or agent of the employer that is the recognized or certified
3exclusive collective bargaining representative of employees in an appropriate
4collective bargaining unit. Such refusal to bargain shall include a refusal to execute
5a collective bargaining agreement previously orally agreed upon.
AB766,110,96
(d) Violate the provisions of any written agreement with respect to terms and
7conditions of employment affecting employees, including an agreement to arbitrate
8or to accept the terms of an arbitration award, when previously the parties have
9agreed to accept such awards as final and binding upon them.
AB766,110,1110
(e) Engage in, induce, or encourage any employees to engage in a strike or a
11concerted refusal to work or perform their usual duties as employees.
AB766,110,1512
(f) Coerce or intimidate a supervisory employee, officer, or agent of the
13employer, working at the same trade or profession as the employer's employees, to
14induce the person to become a member of or act in concert with the labor organization
15of which the employee is a member.
AB766,110,19
16(3) It is an unfair labor practice for any person to do or cause to be done on
17behalf of or in the interest of employers or employees, or in connection with or to
18influence the outcome of any controversy as to employment relations, any act
19prohibited by subs. (1) and (2).
AB766,110,21
20(3m) This section does not interfere with a faculty member's right of academic
21freedom.
AB766,111,5
22(4) Any controversy concerning unfair labor practices may be submitted to the
23commission as provided in s. 111.07, except that the commission shall schedule a
24hearing on complaints involving alleged violations of sub. (2) (e) within 3 days after
25filing of a complaint, and notice shall be given to each party interested by service on
1the party personally, or by telegram, advising the party of the nature of the complaint
2and of the date, time, and place of hearing. The commission may appoint a substitute
3tribunal to hear unfair labor practice charges by either appointing a 3-member panel
4or submitting a 7-member panel to the parties and allowing each to strike 2 names.
5Any panel shall report its finding to the commission for appropriate action.
AB766,111,11
6111.992 Fair-share and maintenance of membership agreements. (1)
7(a) 1. No fair-share agreement is effective unless authorized by a referendum. The
8commission shall order a referendum whenever it receives a petition supported by
9proof that at least 30 percent of the employees, or supervisors specified in s. 111.98
10(5), in a collective bargaining unit desire that a fair-share agreement be entered into
11between the employer and a labor organization.
AB766,111,1312
2. For a fair-share agreement to be authorized, at least a majority of the eligible
13employees or supervisors voting in a referendum must vote in favor of the agreement.
AB766,111,1714
(b) No maintenance of membership agreement may be effective unless
15authorized. For a maintenance of membership agreement to be authorized, the
16employer and the labor organization representing the employees must voluntarily
17agree to establish the maintenance of membership agreement.
AB766,112,1118
(c) If a fair-share agreement is authorized in a referendum, the employer shall
19enter into a fair-share agreement with the labor organization named on the ballot
20in the referendum. If a maintenance of membership agreement is authorized under
21par. (b), the employer shall enter into the maintenance of membership agreement
22with the labor union that voluntarily agreed to establish the agreement. Each
23fair-share or maintenance of membership agreement shall require the employer to
24deduct the amount of dues as certified by the labor organization from the earnings
25of the employees or supervisors affected by the agreement and to pay the amount
1deducted to the labor organization. Unless the parties agree to an earlier date, a
2fair-share agreement takes effect 60 days after the commission certifies that the
3referendum vote authorized the fair-share agreement, and unless the parties agree
4to an earlier date a maintenance of membership agreement takes effect 60 days after
5the commission certifies that the parties have voluntarily agreed to establish the
6maintenance of membership agreement. The employer shall be held harmless
7against any claims, demands, suits, and other forms of liability made by employees
8or supervisors or local labor organizations which may arise for actions the employer
9takes in compliance with this section. All such lawful claims, demands, suits, and
10other forms of liability are the responsibility of the labor organization entering into
11the agreement.
AB766,112,1712
(d) Under each fair-share or maintenance of membership agreement, an
13employee or supervisor who has religious convictions against dues payments to a
14labor organization may request the labor organization to pay his or her dues to a
15charity mutually agreed upon by the employee or supervisor and the labor
16organization. Any dispute under this paragraph may be submitted to the
17commission for adjudication.
AB766,113,5
18(2) (a) 1. Once authorized, a fair-share agreement continues, subject to the
19right of the employer or labor organization concerned to petition the commission to
20conduct a new referendum. If the commission receives a petition and finds that at
21least 30 percent of the employees or supervisors in the collective bargaining unit
22want to discontinue the fair-share agreement, the commission shall conduct a new
23referendum. If the continuance of the fair-share agreement is approved in the
24referendum by at least the percentage of eligible voting employees or supervisors
25required for its initial authorization, it shall continue, subject to the right of the
1employer or labor organization to later initiate a further vote following the procedure
2prescribed in this subsection. If the continuance of the fair-share agreement is not
3supported in any referendum, it terminates at the termination of the collective
4bargaining agreement, or one year from the date of the certification of the result of
5the referendum, whichever is earlier.
AB766,113,116
2. Once authorized, a maintenance of membership agreement is in effect,
7subject to the right of the employer or the labor organization concerned to notify the
8commission that it no longer voluntarily agrees to continue the agreement. After the
9commission is notified, the maintenance of membership agreement terminates at the
10termination of the collective bargaining agreement or one year from the notification,
11whichever is earlier.
AB766,113,2012
(b) The commission shall suspend any fair-share or maintenance of
13membership agreement upon such conditions and for such time as the commission
14decides whenever it finds that the labor organization involved has refused on the
15basis of race, color, sexual orientation, or creed to receive as a member any employee
16or supervisor in the collective bargaining unit involved, and the agreement shall be
17made subject to the findings and orders of the commission. Any of the parties to the
18agreement, or any employee or supervisor covered under the agreement, may come
19before the commission, as provided in s. 111.07, and petition the commission to make
20such a finding.
AB766,113,23
21(3) A stipulation for a referendum executed by an employer and a labor
22organization may not be filed until after the representation election has been held
23and the results certified.
AB766,114,3
1(4) The commission may, under rules adopted for that purpose, appoint as its
2agent an official of a state agency whose employees are entitled to vote in a
3referendum to conduct a referendum under this section.
AB766,114,8
4111.993 Grievance arbitration. (1) Parties to the dispute pertaining to the
5interpretation of a collective bargaining agreement may agree in writing to have the
6commission or any other appointing state agency serve as arbitrator or may
7designate any other competent, impartial, and disinterested persons to so serve.
8Such arbitration proceedings shall be governed by ch. 788.
AB766,114,14
9(2) The board shall charge an institution for the employer's share of the cost
10related to grievance arbitration under sub. (1) for any arbitration that involves one
11or more employees of the institution. Each institution charged shall pay the amount
12that the board charges from the appropriation account or accounts used to pay the
13salary of the grievant. Funds received under this subsection shall be credited to the
14appropriation account under s. 20.545 (1) (km).
AB766,114,20
15111.994 Mediation. The commission may appoint any competent, impartial,
16disinterested person to act as mediator in any labor dispute either upon its own
17initiative or upon the joint request of both parties to the dispute. It is the function
18of a mediator to bring the parties together voluntarily under such favorable
19conditions as will tend to effectuate settlement of the dispute, but neither the
20mediator nor the commission has any power of compulsion in mediation proceedings.
AB766,115,4
21111.995 Fact-finding. (1) If a dispute has not been settled after a reasonable
22period of negotiation and after the settlement procedures, if any, established by the
23parties have been exhausted, the representative that has been certified by the
24commission after an election, as the exclusive representative of employees in an
25appropriate bargaining unit, and the employer, its officers, and agents, after a
1reasonable period of negotiation, are deadlocked with respect to any dispute between
2them arising in the collective bargaining process, either party, or the parties jointly,
3may petition the commission, in writing, to initiate fact-finding under this section,
4and to make recommendations to resolve the deadlock.
AB766,115,10
5(2) Upon receipt of a petition to initiate fact-finding, the commission shall
6make an investigation with or without a formal hearing, to determine whether a
7deadlock in fact exists. The commission shall certify the results of the investigation.
8If the commission decides that fact-finding should be initiated, it shall appoint a
9qualified, disinterested person or, when jointly requested by the parties, a 3-member
10panel to function as a fact finder.
AB766,115,24
11(3) The fact finder may establish dates and place of hearings and shall conduct
12the hearings under rules established by the commission. Upon request, the
13commission shall issue subpoenas for hearings conducted by the fact finder. The fact
14finder may administer oaths. Upon completion of the hearing, the fact finder shall
15make written findings of fact and recommendations for solution of the dispute and
16shall cause the same to be served on the parties and the commission. In making
17findings and recommendations, the fact finder shall take into consideration among
18other pertinent factors the principles vital to the public interest in efficient and
19economical governmental administration. Upon the request of either party, the fact
20finder may orally present the recommendations in advance of service of the written
21findings and recommendations. Cost of fact-finding proceedings shall be divided
22equally between the parties. At the time the fact finder submits a statement of his
23or her costs to the parties, the fact finder shall submit a copy to the commission at
24its Madison office.
AB766,116,2
1(4) A fact finder may mediate a dispute at any time prior to the issuance of the
2fact finder's recommendations.
AB766,116,8
3(5) Within 30 days of the receipt of the fact finder's recommendations or within
4a time mutually agreed upon by the parties, each party shall advise the other, in
5writing, as to the party's acceptance or rejection, in whole or in part, of the fact
6finder's recommendations and, at the same time, send a copy of the notification to
7the commission at its Madison office. Failure to comply with this subsection, by the
8employer or employee representative, is a violation of s. 111.991 (1) (d) or (2) (c).
AB766,116,14
9111.996 Strike prohibited. (1) Upon establishing that a strike is in progress,
10the employer may either seek an injunction or file an unfair labor practice charge
11with the commission under s. 111.991 (2) (e) or both. It is the responsibility of the
12board to decide whether to seek an injunction or file an unfair labor practice charge.
13The existence of an administrative remedy does not constitute grounds for denial of
14injunctive relief.
AB766,116,17
15(2) The occurrence of a strike and the participation in the strike by an employee
16do not affect the rights of the employer, in law or in equity, to deal with the strike,
17including all of the following:
AB766,116,1918
(a) The right to impose discipline, including discharge, or suspension without
19pay, of any employee participating in the strike.
AB766,116,2120
(b) The right to cancel the reinstatement eligibility of any employee engaging
21in the strike.
AB766,116,2422
(c) The right of the employer to request the imposition of fines, either against
23the labor organization or the employee engaging in the strike, or to sue for damages
24because of such strike activity.
AB766,117,3
1111.997 Management rights. Nothing in this subchapter interferes with the
2right of the board or the University of Wisconsin–Madison, in accordance with this
3subchapter, to do any of the following:
AB766,117,6
4(1) Carry out the statutory mandate and goals assigned to the board or to the
5University of Wisconsin–Madison by the most appropriate and efficient methods and
6means and utilize personnel in the most appropriate and efficient manner possible.
AB766,117,10
7(2) Suspend, demote, discharge, or take other appropriate disciplinary action
8against the employee; or to lay off employees in the event of lack of work or funds or
9under conditions where continuation of such work would be inefficient and
10nonproductive.
AB766,117,13
11111.998 Subjects of bargaining. (1) (a) Except as provided in pars. (b) to
12(f), matters subject to collective bargaining to the point of impasse are salaries; fringe
13benefits consistent with sub. (2); and hours and conditions of employment.
AB766,117,1914
(b) With respect to a collective bargaining unit specified in s. 111.98 (1) (b) to
15(i) or (jk) to (r), the board and, with respect to a collective bargaining unit specified
16in s. 111.98 (1) (a) or (j), the University of Wisconsin-Madison is not required to
17bargain on management rights under s. 111.997, except that procedures for the
18adjustment or settlement of grievances or disputes arising out of any type of
19disciplinary action in s. 111.997 (2) is a subject of bargaining.
AB766,117,2120
(c) The board and the University of Wisconsin–Madison are prohibited from
21bargaining on matters contained in sub. (2).
AB766,118,222
(d) Except as provided in sub. (2) and ss. 40.02 (22) (e) and 40.23 (1) (f) 4., all
23laws governing the Wisconsin Retirement System under ch. 40 and all actions of the
24board and of the University of Wisconsin–Madison that are authorized under any
25such law that apply to nonrepresented individuals employed by the state shall apply
1to similarly situated employees, unless otherwise specifically provided in a collective
2bargaining agreement that applies to those employees.
AB766,118,53
(e) Demands relating to retirement and group insurance shall be submitted to
4the board or to the University of Wisconsin-Madison, whichever is appropriate, at
5least one year prior to commencement of negotiations.
AB766,118,86
(f) Neither the board nor the University of Wisconsin-Madison is required to
7bargain on matters related to employee occupancy of houses or other lodging
8provided by the state.
AB766,118,10
9(2) The board and the University of Wisconsin-Madison are prohibited from
10bargaining on all of the following:
AB766,118,1511
(a) The mission and goals of the University of Wisconsin System as set forth
12in the statutes; the diminution of the right of tenure provided the faculty under s.
1336.13, the rights granted faculty under s. 36.09 (4) and academic staff under s. 36.09
14(4m), or the rights of appointment provided academic staff under s. 36.15; or
15academic freedom.
AB766,118,1616
(b) Amendments to this subchapter.
AB766,118,2017
(c) Family leave and medical leave rights below the minimum afforded under
18s. 103.10. Nothing in this paragraph prohibits bargaining on rights to family leave
19or medical leave which are more generous to the employee than the rights provided
20under s. 103.10.
AB766,118,2221
(e) The rights of employees to have retirement benefits computed under s.
2240.30.
AB766,118,2423
(f) Honesty testing requirements that provide fewer rights and remedies to
24employees than are provided under s. 111.37.
AB766,119,4
1(g) The requirement under s. 40.05 (1) (b) that the employer may not pay, on
2behalf of that employee, any employee required contributions or the employee share
3of required contributions and the impact of this requirement on the wages, hours,
4and conditions of employment of that employee.
AB766,119,95
(gm) All costs and payments associated with health care coverage plans, except
6for the employee premium contribution, and the design and selection of health care
7coverage plans by the employer, and the impact of such costs and payments and the
8design and selection of the health care coverage plans on the wages, hours, and
9conditions of employment of the employees.
AB766,119,1010
(h) Creditable service to which s. 40.285 (2) (b) 4. applies.
AB766,119,1211
(i) Compliance with the health benefit plan requirements under ss. 632.746 (1)
12to (8) and (10), 632.747, and 632.748.
AB766,119,1313
(j) Compliance with the insurance requirements under s. 631.95.
AB766,119,1414
(k) The definition of earnings under s. 40.02 (22).
AB766,119,1515
(L) The maximum benefit limitations under s. 40.31.
AB766,119,1616
(m) The limitations on contributions under s. 40.32.
AB766,119,1817
(n) The provision to employees of the health insurance coverage required under
18s. 632.895 (11) to (14).
AB766,119,2019
(o) The requirements related to coverage of and prior authorization for
20treatment of an emergency medical condition under s. 632.85.
AB766,119,2121
(p) The requirements related to coverage of drugs and devices under s. 632.853.
AB766,119,2222
(q) The requirements related to experimental treatment under s. 632.855.
AB766,119,2423
(r) The requirements under s. 609.10 related to offering a point-of-service
24option plan.
AB766,120,3
1(s) The requirements related to internal grievance procedures under s. 632.83
2and independent review of certain health benefit plan determinations under s.
3632.835.
AB766,120,7
4(3) Upon request, the chancellor at each institution, or his or her designee,
5shall meet and confer with the collective bargaining representative, if any, with
6regard to any issue that is a permissive subject of bargaining, except when the issue
7is under active consideration by a governance organization under s. 36.09 (4) or (4m).
AB766,120,14
8111.999 Labor proposals. (1) With respect to a collective bargaining unit
9specified in s. 111.98 (1) (b) to (i) or (jk) to (r), the board shall notify and consult with
10the joint committee on employment relations, in such form and detail as the
11committee requests, regarding substantial changes in wages, employee benefits,
12personnel management, and program policy contract provisions to be included in any
13contract proposal to be offered to any labor organization by the state or to be agreed
14to by the state before such proposal is actually offered or accepted.
AB766,120,21
15(2) With respect to a collective bargaining unit specified in s. 111.98 (1) (a) or
16(j), the University of Wisconsin-Madison shall notify and consult with the joint
17committee on employment relations, in such form and detail as the committee
18requests, regarding substantial changes in wages, employee benefits, personnel
19management, and program policy contract provisions to be included in any contract
20proposal to be offered to any labor organization or to be agreed to before such proposal
21is actually offered or accepted.
AB766,121,2
22111.9991 Agreements. (1) (a) Any tentative agreement reached between the
23board, acting for the state, and any labor organization representing a collective
24bargaining unit specified in s. 111.98 (1) (b) to (i) or (jk) to (r) shall, after official
25ratification by the labor organization, be submitted by the board to the joint
1committee on employment relations, which shall hold a public hearing before
2determining its approval or disapproval.
AB766,121,83
(b) Any tentative agreement reached between the University of
4Wisconsin-Madison, acting for the state, and any labor organization representing a
5collective bargaining unit specified in s. 111.98 (1) (a) or (j) shall, after official
6ratification by the labor organization, be submitted by the University of
7Wisconsin-Madison to the joint committee on employment relations, which shall
8hold a public hearing before determining its approval or disapproval.
AB766,121,259
(c) If the committee approves a tentative agreement, under par. (a) or (b) it shall
10introduce in a bill or companion bills, to be put on the calendar or referred to the
11appropriate scheduling committee of each house, that portion of the tentative
12agreement which requires legislative action for implementation, such as salary and
13wage adjustments, changes in fringe benefits, and any proposed amendments,
14deletions, or additions to existing law. Such bill or companion bills are not subject
15to ss. 13.093 (1), 13.50 (6) (a) and (b), and 16.47 (2). The committee may, however,
16submit suitable portions of the tentative agreement to appropriate legislative
17committees for advisory recommendations on the proposed terms. The committee
18shall accompany the introduction of such proposed legislation with a message that
19informs the legislature of the committee's concurrence with the matters under
20consideration and that recommends the passage of such legislation without change.
21If the joint committee on employment relations does not approve the tentative
22agreement, it shall be returned to the parties for renegotiation. If the legislature
23does not adopt without change that portion of the tentative agreement introduced by
24the joint committee on employment relations, the tentative agreement shall be
25returned to the parties for renegotiation.
AB766,122,1
1(2) No portion of any tentative agreement shall become effective separately.
AB766,122,2
2(3) Agreements shall coincide with the fiscal year or biennium.
AB766,122,4
3(4) The negotiation of collective bargaining agreements and their approval by
4the parties should coincide with the overall fiscal planning and processes of the state.
AB766,122,6
5(5) All compensation adjustments for employees shall be effective on the
6beginning date of the pay period nearest the statutory or administrative date.
AB766,122,11
7111.9992 Status of existing benefits and rights. Unless a prohibited
8subject of bargaining under s. 111.998 (2), and except as provided in ss. 7.33 (4),
940.05, 40.80 (3), 111.998 (1) (d), and 230.35 (2d) and (3) (e) 6., all statutes and rules
10governing the salaries, fringe benefits, hours, and conditions of employment apply
11to each employee, unless otherwise provided in a collective bargaining agreement.
AB766,122,18
12111.9993 Rules, transcripts, fees. (1) The commission may adopt
13reasonable and proper rules relative to the exercise of its powers and authority and
14proper rules to govern its proceedings and to regulate the conduct of all elections and
15hearings under this subchapter. The commission shall, upon request, provide a
16transcript of a proceeding to any party to the proceeding for a fee, established by rule,
17by the commission at a uniform rate per page. All transcript fees shall be credited
18to the appropriation account under s. 20.425 (1) (i).
AB766,123,18
19(2) The commission shall assess and collect a filing fee for filing a complaint
20alleging that an unfair labor practice has been committed under s. 111.991. The
21commission shall assess and collect a filing fee for filing a request that the
22commission act as an arbitrator to resolve a dispute involving the interpretation or
23application of a collective bargaining agreement under s. 111.993. The commission
24shall assess and collect a filing fee for filing a request that the commission initiate
25fact-finding under s. 111.995. The commission shall assess and collect a filing fee
1for filing a request that the commission act as a mediator under s. 111.994. For the
2performance of commission actions under ss. 111.993, 111.994, and 111.995, the
3commission shall require that the parties to the dispute equally share in the payment
4of the fee and, for the performance of commission actions involving a complaint
5alleging that an unfair labor practice has been committed under s. 111.991, the
6commission shall require that the party filing the complaint pay the entire fee. If any
7party has paid a filing fee requesting the commission to act as a mediator for a labor
8dispute and the parties do not enter into a voluntary settlement of the labor dispute,
9the commission may not subsequently assess or collect a filing fee to initiate
10fact-finding to resolve the same labor dispute. If any request concerns issues arising
11as a result of more than one unrelated event or occurrence, each such separate event
12or occurrence shall be treated as a separate request. The commission shall
13promulgate rules establishing a schedule of filing fees to be paid under this
14subsection. Fees required to be paid under this subsection shall be paid at the time
15of filing the complaint or the request for fact-finding, mediation, or arbitration. A
16complaint or request for fact-finding, mediation, or arbitration is not filed until the
17date such fee or fees are paid. Fees collected under this subsection shall be credited
18to the appropriation account under s. 20.425 (1) (i).
AB766,227
19Section
227. 118.22 (4) of the statutes is created to read:
AB766,123,2320
118.22
(4) A collective bargaining agreement may modify, waive, or replace any
21of the provisions of this section as they apply to teachers in the collective bargaining
22unit, but neither the employer nor the bargaining agent for the employees is required
23to bargain such modification, waiver, or replacement.